ocpmachine
03-05 09:52 PM
My 485 had soft LUD on 2/27/09. Although, my husband's dependent application dint have one.
My PD is May'06 EB2 -I and got a soft lud on 2/27/09 for me/wifey case.
This makes me think that, USCIS is probably pulling all the cases systematically based on PD.
My PD is May'06 EB2 -I and got a soft lud on 2/27/09 for me/wifey case.
This makes me think that, USCIS is probably pulling all the cases systematically based on PD.
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bkn96
11-25 08:39 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
gc28262
06-11 03:30 PM
I keep reading we should fight for out rights and all. I am just curious
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
nitinboston,
If you feel you don't deserve a GC, we are fine with that.
However for most of the people on this forum, we deserve it.
Please watch this Aman Kapoor Video.
http://www.youtube.com/watch?v=rqHz7IGoYWQ
"In order to ask for something, you should feel that you deserve it."
It is that simple !
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
nitinboston,
If you feel you don't deserve a GC, we are fine with that.
However for most of the people on this forum, we deserve it.
Please watch this Aman Kapoor Video.
http://www.youtube.com/watch?v=rqHz7IGoYWQ
"In order to ask for something, you should feel that you deserve it."
It is that simple !
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DSLStart
09-10 09:30 AM
EB2 dates moving back more than 5 years is really sickening. Lets just only hope that they've used and alloted visa numbers already to approvable cases and see approvals coming through...
more...
add78
06-12 09:47 AM
got 1 friend to donate yest., he should be posting the receipt Id soon.. I have the ID but didn't wanna post myself to double count.
Guys, please persuade your friends and coworkers.
Thanks.
Guys, please persuade your friends and coworkers.
Thanks.
GCVir
07-28 08:36 PM
Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
more...
jain4444
08-08 03:21 PM
ssss,
can you let us know your labor PD
can you let us know your labor PD
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kalinga_sena
04-30 02:59 PM
Aytes is talking about transformation program...
more...
dpp
07-20 01:30 PM
Yes, you are right. It is from beginning of PERM.
So, total number in PERM labors are 144K. Thats good, not many.
So, so if we have 150K BEC cases also, it is 300K for primary and 600K-700K total for 485s.
The report shows 144,000 between March 28, 2005 - June 1, 2007. This is not bad as we all are thinking
Karthik
So, total number in PERM labors are 144K. Thats good, not many.
So, so if we have 150K BEC cases also, it is 300K for primary and 600K-700K total for 485s.
The report shows 144,000 between March 28, 2005 - June 1, 2007. This is not bad as we all are thinking
Karthik
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thakarm
09-01 09:40 AM
Been here since August 1995 - came on F1 undergrad
more...
mzc123
06-27 08:10 PM
can someone please provide the link to the tracker? I'm unable to locate the link.
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indio0617
03-09 11:11 AM
sub sections on employer penalties, compliance to I-9 etc...
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rkm
07-11 08:01 AM
Very Good News for EB2-I.
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gclabor07
05-22 12:15 PM
I just sent a check of $100 via online bill payment to IV. I've also set up recurring contribution checks of $25 every month beginning June. I strongly believe in IV's cause and hope that many folks will come forward. This is the time to act to help ourselves, otherwise we'll be left behind. Keep up the good work.
more...
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desidude
07-15 10:38 AM
Can anyone shed some light on this... I want to know how to pay thru BOA bill pay option.
Thanks.
Thanks.
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GC_1000Watt
01-03 02:19 PM
Dear Friends!
(By mistake I posted this in another thread. I think this is the right one)
Good Morning and Happy New Year! Wish you all success, good health, peace of mind and great prosperity!!!
Though I visit the forum quite often, I do not particiapte in a big way. I just read to understand the view points of others. After a lot of hesitation I took time to draft this note!
I am not sure how far my views would find acceptance, but I would like to share some of my thoughts!
1. Although I would sincerely like to give credit to the IV forum for all what they have done (and doing), I personally feel that that the days of prayer and petition are gone!
2. To achieve something concrete and tangible, atleast a minimum of 100,000 (Desis + Chinese / Filippinos if possible) should rally in Washington DC to press our case.
This alone will generate enough publicity. We can show our strength and if there is a consensus, opt for a hunger strike.History has always shown that "direct action" alone has yielded results.
3. Unlike European countries where the laws of immigration and naturalization are simple, here it is very convoluted and confusing. All laws in the USA ONLY favour the employers and the law firms. Due to this, several of us have been harassed by our employers.
4. Instead of harping on the existing archiac and immigrant unfriendly rules, we could propose something like this:
a. Provide Green Cards for all legal immigrants who have completed 8 years of continuous stay, as on say, June 1, 2010. Continuity would mean not leaving the USA for a period of 90 days at a stretch. (I have completed more than 9 years personally, but I am suggesting a time line of 8 years because H1 is valid for 6 years and L1 is for 7 years. It will certianly not acceptable for the US Government to provide GC to every H1 / L1 holder. Any period below 8 years may meet with very stiff opposition)
b. The legal immigrants with 8 + years should have a criminal free record (barring minor traffic offenses) and should have filed their tax returns
c. Citizenship status should be provided to all legal immigrants with 10+ years
Note 1 : Rules in the UK/ Europe are :
Permanent residency after 5 years of legal stay
Citizenship after 10 years of legal stay or 15 yearls of illegal stay
5.We are always getting drawn into the trap and quagmire of the existing regulations and the INS / US goverment / Law firms / Employers are enjoying the fun
Note 2: I have stated everything based on my stay in different countries and keeping in mind the interests of the immigrant community very sincerely. It is upto IV to publish this or discard this. I will also NOT respond to any comments / cristicisms. I am just requesting the readers to kindly intrsopect!
Best wishes!
To be honest it seems that all of the points you made here are by taking yourself into consideration.
Most of the people here know about immigration policies in Europe, but here the system is altogether different. Isn't it? It will require herculean effort to turn around the whole system. And by the way the current system is not too bad, its just that USCIS sucks big time.
Hold on my friend. We'll be fine. Go IV.
Happy new year.
(By mistake I posted this in another thread. I think this is the right one)
Good Morning and Happy New Year! Wish you all success, good health, peace of mind and great prosperity!!!
Though I visit the forum quite often, I do not particiapte in a big way. I just read to understand the view points of others. After a lot of hesitation I took time to draft this note!
I am not sure how far my views would find acceptance, but I would like to share some of my thoughts!
1. Although I would sincerely like to give credit to the IV forum for all what they have done (and doing), I personally feel that that the days of prayer and petition are gone!
2. To achieve something concrete and tangible, atleast a minimum of 100,000 (Desis + Chinese / Filippinos if possible) should rally in Washington DC to press our case.
This alone will generate enough publicity. We can show our strength and if there is a consensus, opt for a hunger strike.History has always shown that "direct action" alone has yielded results.
3. Unlike European countries where the laws of immigration and naturalization are simple, here it is very convoluted and confusing. All laws in the USA ONLY favour the employers and the law firms. Due to this, several of us have been harassed by our employers.
4. Instead of harping on the existing archiac and immigrant unfriendly rules, we could propose something like this:
a. Provide Green Cards for all legal immigrants who have completed 8 years of continuous stay, as on say, June 1, 2010. Continuity would mean not leaving the USA for a period of 90 days at a stretch. (I have completed more than 9 years personally, but I am suggesting a time line of 8 years because H1 is valid for 6 years and L1 is for 7 years. It will certianly not acceptable for the US Government to provide GC to every H1 / L1 holder. Any period below 8 years may meet with very stiff opposition)
b. The legal immigrants with 8 + years should have a criminal free record (barring minor traffic offenses) and should have filed their tax returns
c. Citizenship status should be provided to all legal immigrants with 10+ years
Note 1 : Rules in the UK/ Europe are :
Permanent residency after 5 years of legal stay
Citizenship after 10 years of legal stay or 15 yearls of illegal stay
5.We are always getting drawn into the trap and quagmire of the existing regulations and the INS / US goverment / Law firms / Employers are enjoying the fun
Note 2: I have stated everything based on my stay in different countries and keeping in mind the interests of the immigrant community very sincerely. It is upto IV to publish this or discard this. I will also NOT respond to any comments / cristicisms. I am just requesting the readers to kindly intrsopect!
Best wishes!
To be honest it seems that all of the points you made here are by taking yourself into consideration.
Most of the people here know about immigration policies in Europe, but here the system is altogether different. Isn't it? It will require herculean effort to turn around the whole system. And by the way the current system is not too bad, its just that USCIS sucks big time.
Hold on my friend. We'll be fine. Go IV.
Happy new year.
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qualified_trash
01-04 04:01 PM
...here is the latest example (http://timesofindia.indiatimes.com/NEWS/India/For_IITians_today_home_is_where_the_moolah_is/articleshow/1054987.cms).
you are assuming that all Indians in the US are from IIT. there are lesser mortals too you know ......... :-))
you are assuming that all Indians in the US are from IIT. there are lesser mortals too you know ......... :-))
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skv
08-12 04:29 PM
Hi Lonedesi,
Thank you for your response. Are you saying that we can take a chance by just sending the letter which includes details such as A#, receipt numbers etc; without completed DHS Form 7001. This sounds to be good plan, where employer is not supporting. However., the only catch is, if employer knows about this later, it doesn't look good.
Please correct me , if I'm wrong about understanding yout statement.
Thanks again!
Thank you for your response. Are you saying that we can take a chance by just sending the letter which includes details such as A#, receipt numbers etc; without completed DHS Form 7001. This sounds to be good plan, where employer is not supporting. However., the only catch is, if employer knows about this later, it doesn't look good.
Please correct me , if I'm wrong about understanding yout statement.
Thanks again!
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lonedesi
08-07 09:21 AM
Please leave a comment on this thread, after you have mailed the letter & Form. It will motivate others to do the same. If you really want some justice, stand up and get counted by participating in this campaign. Else, Julu-Aug 07 filers, will keep waiting and will have to go through frustrating and agonizing wait for an uncertain period.
rama2007
08-07 12:33 PM
one of my friends 485 check is signed and mentioned correct amount($395) but he is not written anything where he has suppossed to write department of home land security.
what are the chaces of his 485 get accepted.?
what are the chaces of his 485 get accepted.?
sureddy
09-09 05:02 PM
Here is a small contribution of $100.00 towards the rally. Go IV.
Google Order #317901158632766
Google Order #317901158632766
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